with three strains of good bacteria. live the regular life. phillips'.

>> bret: finally tonight, sometimes news stories with seem a little too farfetched to believe. it really does happen all the time but this one may take the cake. >> cooking breakfast proves very dangerous for a florida woman. she decided to preheat a friend's oven on monday so she could make waffles. little did she know the friend was keeping gun ammo in that stove. heated up sphrag the woman with bullets and casing fragments. believe it or not she wasn't seriously injured. [ laughter ] >> who in their right mind uses their oven to make waffles? >> bret: thanks for inviting us into your home tonight. that is it for "special report," fair, balanced and

unafraid. >> shepard: this is "the fox report," live from rome. tonight, the soda ban fizzles for now. a judge has struck down the new york city's mayor first of its kind regulations on big sugary drinks. worries that a war that never officially ended could begin again. >> shepard: north korea reports it cancelled the cease-fire that stopped the korean war. now, tension rises as both sides holds due ling military drills. tonight, what north korea is demanding and how far kim jong un might be willing to go. he has had the job for just days. and the new defense secretary chuck hagel is already having to deal with harmid karzai. tonight the afghan leader questions whether u.s. forces are secretly working

with the taliban and the defense secretary responds. and days after a sink hole swallowed a man in his own bedroom. another one opens up under another house in another state. >> pretty upsetting to see your driveway start to fall into a hole. >> tonight, a family evacuated and other homes in danger. but first from fox, the clock has just struck midnight here in rome. so it's officially the first day of the conclave. in a matter of hours, 115 cardinals, the princes of the catholic church they call them will file into the sistene chapel and begin the process of who among them will become the next pope replacing the retired pope benedict the xvith. cardinals will have virtually no contact with the outside world during their conclave. no radio, no television. newspapers, cell phones, no internet. they will lock themselves inside the chapel and we

are told they will vote no more than once later today, tuesday. and then four times, two in the morning and two in the afternoon, each day after that. if none of the cardinals has none of the required two thirds majority they will burn their ballots in one of these stoves and black smoke will pour into the sky. if the vote comes after dark, a vatican spokesman says a spotlight will illuminate the chimney so we can all see it whenever one cardinal emerges the winner, they will burn the ballots in the other stove along with a chemical that is to turn that smoke white. as that smoke filters into the sky above the sistene chapel it, will serve as a signal that the cardinals have chosen the pope, the man who will lead the world's 1.2 billion catholics potentially for years and even decades to come. much more on the conclave and what to expect in the coverage days and hours ahead that's coming up inside fox report. we are tracking several other important news items. among them the deteriorating situation with with north korea. all of a sudden that country's leader has scrapped the armistice that

suspended the korean war. that's according to the north korean news agency. it reports the dear leader kim jong un has made good on his threat from last week and the 19 a 3 cease-fire is now null and void. the north koreans also shut down a key hotline to south korea, a phone that, well, the south rang and the north didn't answer. the latest moves as both north and south korea flex their military muscle. north korean troops are carrying out exercises involving the army, the navy and the air force. south korea is holding days of military drills involving 10,000 south korean troops and 3,000 from america. this just days after dennis rodman's best buddy reportedly threatened to nuke the united states and told troops to prepare for all-out war. that was in response to a number of things. among them, the new tough punishments from the united nations that are in to getting the dictator to abandon his nuclear program. "the fox report's"

correspondent jonathan hunt is live at united nations. nobody thinks kim john un wants to restart the war, right? >> the north korean leader has little to gain from sparking outright war on the korean peninsula, shep. he clearly believes he has something to gain upping the rhetoric to the levels which we have not seen in several years. perhaps, he is looking for more concessions from the west as he tries to push through with his nuclear program. perhaps he is looking to gain more respect and trust from the north korean military generals who are flexing their own muscles as this new leader trying to impose his authority. all of that makes it very dangerous, especially when you look to the south and you see a relatively new south korean president as well, also using some kind of inflammatory rhetoric. the south korean president saying that if north korea were to launch a nuclear attack, the north korean regime would, quote: disappear from the face of the earth.

all of that makes it a very dangerous time on the korean peninsula. shep? >> shepard: a dangerous time and it appears the united states is reacting and sharply to all of this. >> yeah. these are military exercises that the u.s. is involved in with the south koreans right now where obviously planned long before the latest crisis. but neither the south koreans nor the u.s. are obviously disappointed that they are happening just a month after the north koreans carried out that underground nuclear test. and the message being sent from the u.s. is turned into a sharp verbal one today by the national security advisor tom donilin. in a speech at the asian society here in the u.s. listen. >> the united states will not accept north korea as a nuclear state nor will we stand by while it seeks to develop a nuclear armed missile that can target the united states. the united states refuses to reward bad behavior by north korea. the united states will not play the game of accepting

empty promises and yielding to empty threats. >> the great concern here, shep. is that with the north and south korean military, both on high alert, the stakes very high, the rhetoric inflammatory, mistakes can easily be made. and that can just as easily spark an outright war. shep? >> jonathan hunt live at the united nations. jonathan, thank you. our security in the skies now. airport screeners are not going to stop terrorists and they know their job is a complete joke. that from a former airport screener. the unnamed former security worker spoke with the "new york post" which our parent company owns. he or she used to work at newark international airport in newark, new jersey, said most of what they do there is not to deter terrorists but just for show to make us all feel better. the former screener said the only way workers break up the monopoly of their job is goofing off and

taking bathroom breaks. a small number of screeners are delusional zealots who believe they are keeping america safe by taking your snow globe, your 2-inch pocket knife and your 4-ounce body shampoo and performing pat downs on your kids. the rest are only there for the paycheck and the generous benefits. that former screener also told the "new york post" the recent fuss over letting passengers carry small pocket knives overblown because travelers are already allowed to carry all sorts of sharp objects. fox contacted the national security administrator for comment the agency has not yet responded. two members of special forces are dead as fox reports tonight after another so-called insider attack in afghanistan. this one happened in wardak province on the outside of kabul. officials say an afghan cop opened fire inside a police station while u.s. troops were visiting and that triggered a gun battle. now the president harmid

karzai is accusing american forces of working with the taliban to plot two suicide bombings that just happened over the weekend. of course, this is the same harmid karzai who once said he would join the taliban if the u.s. kept pressuring him to reform his government. this latest comment, while our new defense secretary chuck hagel was in afghanistan. officials say secretary hagel heard yesterday's bombing. he was in a safe location at the time. our chief white house correspondent ed henry is there tonight. what's the response there to president karzai? >> shep, they are down right furious about these comments from president karzai. they really marred the trip of defense secretary hagel his first on the job to the waziristan -- war zone. all series of attacks this weekend. let's take a look at what president karzai said and in a very harp response today from jay carney. >> america saying the taliban are not their enemy and they aren't fighting the taliban. on the other hand, in the name of the taliban, they

are abusing our people. the taliban are in daily talks with the americans but detonating bombs in kabul and coast. they claim they are showing strength to america but they are not. >> that's categorically false and nobody believes it. and our men and women for going on 12 years have sacrificed enormously on tan. >> going on 12 years. over 2,000 americans who have lost their lives. clearly doesn't seem like president karzai is grateful for all of that sacrifice. that's where the frustration is here at the white house tonight, shep. >> shepard: yeah, he has never really seemed grateful, ed. the fact remains that there is drawdown that's coming in 2014. we don't know how many exactly. negotiations have to happen. how are you going to negotiate with this man after this. >> that is the problem for this administration, obviously. how do you end the war in the u.s. combat role is supposed to end at the end of 2014. there is supposed to be a residual force possibly there on the ground for

some time period. here is general james matis last week telling congress what he thinks. >> what about the residual force? >> the post 2014 force, senator, that decision, i know, has not been made yet. it's still under consideration. i have made my recommendation. >> which is? >> that recommendation is for 13,600 forces, sir. >> now, i asked jay carney about that today. he would not commit to a figure. important because when you look at what happened in iraq, there were a lot of the critics of the president wondering why he didn't leave any kind of a force behind in iraq. bottom line here it's not just about troops it's about u.s. aid. despite all of our budget problems we are giving afghanistan nearly $10 billion in u.s. taxpayer aid. that is going to be under the microscope as well, shep. >> shepard: i'm sure it will. ed henry at the white house tonight. ed, thank you. should the government get to decide what size soda you buy? how big your coke is? new york city mayor argued

yes indeed it should and he put a law into effect. a judge got ahold of it today and said you have to waited, mr. mayor. coming up the ruling and reaction. plus, the warning of a catastrophic health threat that could one day kill any one of us. the rise of what they call the super bug. that's coming up from the journalists of fox news on this monday fox report live actually early on tuesday morning from rome. financial ob military families face, we understand. our financial advice is geared specifically to current and former military members and their families. [ laughs ] dad! dad! [ applause ] [ male announcer ] life brings obstacles. usaa brings retirement advice. call or visit us online. we're ready to help. learn more with our free usaa retirement guide. call 877-242-usaa.

hi victor! mom? i know you got to go in a minute but this is a real quick me, that's perfect for two! campbell's chunky beef with country vegetables, poured over rice! [ male announcer ] campbell's chunky soup. it fills you up right. ♪ savor and explore, a the great indoors ♪ ♪ice! ♪ friskies indoor delights. ♪ feed the senses. helps provide many with, day and night relief of heartburn symptoms caused by acid reflux disea.. there is risk of bone fracture, and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. call your dooror right away if you have persistent diarrhea. other serious stomhh conditions may exist. don't take nexium if you take clopidogrel.

ask your doctor if nexium is right for you. find out how you may be able to get nexium for just $18 a month at purplepill.com you name it...i've hooked it. but there's one... one that's always eluded me. thought i had it in the blizzard of '93. ha! never even came close. sometimes, i actually think it's mocking me. [ engine revs ] what?! quattro!!!!! ♪

>> shepard: okay, new yorkers, feel free to grab a gallon of soda if you like and drink it right in front of the mayor's house. he can't do anything now. just hours ago a judge tossed out mayor bloomberg's proposed ban on large sugary drinks. that ban was set to take effect on tuesday. mayor mike bloomberg said it was intended to help fight obesity. businesses sued to stop the rule. and the judge sided with them calling the ruling arbitrary and capricious. our senior correspondent eric shawn in our newsroom in new york city. what else did the judge

say, eric. >> it gives the government limitless authority taking regulation to new heights. new york state supreme court judge milton tingling wrote: it applies to some but not all food establishments in the city. it excludes over beverages that have significantly higher concentrations of sugar, sweeteners and/or calories. the rule doesn't ban refills so you could drink up as much as you want anyway. the american beverage sorntion tonight says the ruling provides a cease-fire relief to new yorkers and thousands of small businesses, shep. >> shepard: lawyers for the city say they will appeal. >> yeah. the mayor is going to be doing that they are confident that the ban will ultimately be upheld. mayor bloomberg says he think hes is doing the right thing to protect the public's health. >> with so many people contracting diabetes and heart disease. with so many children though are overweight and obese, with so many poor neighborhoods suffering the worse of this epidemic, we believe it is reasonable and responsible to draw a line.

>> the mayor said he pushed the ban because obesity kills 5,000 new yorkers a year. he says more than 57% of new yorkers are overweight. and says obesity runs up $4 billion in medical costs. shep? >> shepard: eric shawn live in new york city tonight. eric, thank you. a new warning on drug-resistant super bugs. this is serious. the united kingdom's chief medical officer is now calling for world leaders to take serious action against antibiotic resistant bacteria which she claims pose a catastrophic threat as she put it, to the globe. she is calling for governments to find new ways to give the pharmaceutical industry incentives to find new antibiotics. she added if we don't act now, any one of us could go to the hospital in 20 years for minor surgery and die because of an ordinary infection that can't be treated by antibiotics. crews in eastern pennsylvania are now inspecting homes after a big sink hole swallowed up part of a house. the homeowner says she

heard a loud bang early on sunday and discovered the sink hole had eaten part of her property. rescuers evacuated the family and teams are now checking other homes in the area. >> we have a geo technical engineer that is going to analyze the entire area. he will let us know exactly what has to be done. >> inspectors actually found several sink holes in that area. the largest roughly 30 feet across and at least 10 feet deep. crews are recently doing work on a sewer line in that area but they say they don't know whether that work caused sink holes. this comes less than two weeks after a naturally occurring sink hole opened up near a home in tampa, florida. the earth gave way right beneath a man's bedroom and swallowed him up. officials say it was too dangerous to recover the body and they filled in that sink hole. another day of gains on the corner wall and broad. by this time tomorrow one market could reach levels we haven't seen since well before the start of the great recession. that's ahead. plus, it's not preschool.

it's an investment firm. why one company is encouraging employees to take a nap at work. twist my arm. straight ahead as fox reports live tonight from rome. for one. that company, the united states postal service® works for thousands of home businesses. because at usps.com® you can pay, print and have your packages picked up for free. i can even drop off free boxes. i wear a lot of hats. well, technically i wear one. the u.s. postal service®, no business too small.

that nasty odor coming from your washer. say farewell to the smell with tide washing machine cleaner. it goes straight to the source of the stink to lift odor-causing residues off your washer's drum. tide washing machine cleaner. they're about 10 times softer

and may have surface pores where bacteria can multiply. polident kills 99.99% of odor causing bacteria and helps dissolve stains. that's why i recommend polident. [ male announcer ] cleaner, fresher, brighter every day.

>> shepard: it's been another record day on wall street, and more great news for all of our 401(k)'s. on monday the dow started seventh straight day of gains and ended up 50 to a new record high of 14447. the nasdaq also gained 8. the s&p 500 added 5. that index ended the day about 9 points shy of its record close. the good news comes tonight from the fox business network gerri willis live from our new york city newsroom. what's driving the gains this day, gerri? >> i have got to tell you it's not us. not economic data from the

u.s. but instead economic data from italy. we are just the prettiest horse in the glue factory right now, shep? >> shepard: i love it. up 3% in seven days. that's a lot. >> hey dow jones industrial average up 2.8% in seven days. get this, this is more good news. the vicks index, that's what the folks call the fear gauge, lowest levels in four years. really looking good for people out there. even the downdraft earlier in the day didn't keep people from coming back into this market and buying stocks. they are using any excuse to do so. shep? >> shepard: we are not afraid. gerri willis live in new york. gerri, thanks. >> thank you. >> shepard: former mayor of detroit kwame kilpatrick now faces up to 20 years in prison. you see, a jury today convicted him on two dozen federal corruption and bribery charges. he is 42 years old. he was once a rising star in the democratic party. make no mistake. he ran detroit from 2001 to

2008 and was the youngest ever mayors of any major new york city. during his five month long trial, prosecutors accused him the looting the cash strapped city steering contracts to his friends and sending hundreds of thousands of dollars beyond his salary. >> at the end of the day, what he was doing was stealing money that didn't belong him to. stealing money that belonged to the people of detroit. while kwame kilpatrick enjoyed a lavish lifestyle he watched the quality of life. >> havening detroit's financial decline. the city could soon become the largest municipality ever to declare bankruptcy. some workers in new jersey have been sleeping on the job. and their boss is cool with that. their investment firm has installed a nap room. it used to be a closet but they have converted it and put a big recliner and bamboo rug in there employees can sign up 20 minutes maps twice a week.

all they need to reenergize. one claims to have given up coffee. doesn't need it anymore. health expert say tired employees are hurting company productivity as well as their own health. according to the national sleep foundation more than 40% of americans ages 16 to 64 say they rarely or never get enough sleep on week nights. the cardinals aren't allowed to use their cell phones or internet during the papal conclave behind me. but united states until -- wait until you hear how far the vatican is going to guard against any potential leaks. that's coming up as fox reports live from rome. so i can't afford to have germy surfaces. but after one day's use, dishcloths can redeposit millions of germs. so ditch your dishcloth and switch to a fresh sheet of new bounty duratowel. look! a fresh sheet of bounty duratowel leaves this surface cleaner than a germy dishcloth, as this black light reveals. it's durable, cloth-like and it's 3 times cleaner.

so ditch your dishcloth and switch to new bounty duratowel. the durable, cloth-like picker-upper. so ditch your dishcloth and switch to new bounty duratowel. (music throughout) why turbo? trust us. it's just better to be in front. the sonata turbo. from hyundai. now over to you charles???? sir charles' single miles card left him blacked out. he's coming to us from home. that's gotta be traveling. now instead of covering the final four, he's stuck covering fourth graders. brick! bobby is 1 for 36. mikey? he keeps taking these low-percentage shots. and julio? i don't know what julio's doing. next time get the capital one venture card and fly any airline any time.

what'sn your wallet? can you get me mr. baldwin's autograph? get lost, kid. can you get me mr. baldwin's autograph? today is gonna be an important day for us. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities.

siemens. answers. so, i'm working on a cistern intake valve, and the guy hands me a locknut wrench. no way! i'm like, what is this, a drainpipe slipknot? wherever your business takes you, nobody keeps you on the rd like progressive commercial auto. [ flo speaking japanese ] [ shouting in japanese ]

we work wherever you work. now, that's progressive. call or click today. >> shepard: all three crew members are dead tonight after a navy jet crashed on a training flight in eastern washington. it happened about 50 miles west of spokane. according to the reporting of the navy the ea 6 b prowler was flying low monday morning and then slammed into a farm field. the pilot of a nearby navy plane reports he saw no parachutes. rescue crews from reportedly found the remains of all of those on board. the plane that went down specializes in jamming enemy radar and intercepting transmissions. outside a pilot dead and serious i had hurt after small plane crashed into a house. witnesses say they heard the engine sputter and sought propeller stopped spinning. then that plane flipped over in mid flight, skipped off a van and slammed into a home. the man who sold the plane to the victims said the 45-year-old pilot was an

experienced flyer federal investigators say it could take nine months to determine what caused that crash. violence in the streets as cops battle hundreds of protesters in the capital city and it's our top story as we go around the world in 80 seconds. demonstrators rallied over the recent death of a soldier. officials announced he had died of a sudden heart attack in military barracks. his family claims somebody murdered him and they demand nor more answers. cops broke up the crowds with water canons and rubber bullets. china a security camera captured a bus driver suffering a stroke on a busy highway. he managed to pull the packed coached. doctors diagnosed the driver with a brain hemorrhage. >> ecuador, the volcano known as throat of fire erupting some 80 miles south of the capital city

of keto. the crater shot ashmore than a mile in the sky. officials restricted access around the volcano. it has been dormant for 8 decades before becoming active in 1999. bolivia. thousands of runners competing in the country's first marathon for peace in the high altitude capital city of lapaz. the race forces 12,000 feet above sea level. more than twice as high as denver. competitors say the thin air made for tough conditions. bolivia national won the event and that's a wrap on this fox trip around the world in 80 seconds. >> i'm shepard smith. this is the fox report. it's the bottom of the hour, time for the top of the news. live tonight from rome where we are just hours away from the start of the conclave to choose the next pope. tonight, vatican tv is

giving us an inside look at the sistene chapel where the 115 cardinals from around the world are set to meet later today with the doors locked. no phones, tv or internet. nothing from the outside world except food and water. workers have installed cell phone jamming devices to the make sure there are no leaks. asked cardinals to disguise hand writing when they vote so it really have a secret ballot. cardinals do not have to vote tomorrow but they always have voted on the first day once. then we wait for the stoves to churn out either black smoke or white smoke. amy kellogg will be live with us. cardinals held their final talks before the conclave today, right? what do we know? >> that's right, shep. this was their last business meeting before they go into the very spiritual and solemn process of electing a new pontiff. we do know that an issue that came up with the vatican's bank or the yor which is the institute for religious works which has been under fire by both

italian prosecutors and international financial institutions for not revealing the names of its account holders and generally not being sufficiently transparent. >> when you think of benedict's papacy, john paul's papacy, the vatican bank has cropped up time and time again embarrassing the holly sea. the next pope coming in has to think to himself, you know, it's time to finally reign this in. clean it up. the vatican, shep, has taken some steps recently to answer some regulators questions. one of pope benedict the xvith's last move in office was to fire the head of the bank and put in someone new. a german banker. still, this will be a big file in the inbox of the next pope, shep? >> shepard: yeah, it would have to be. watching how all of this goes down tomorrow and for the next whatever days, some the rituals involved here are centuries old,

amy. >> centuries old and quite beautiful, shep. today what we saw was an oath that 90 people who are not cardinal electors but involved in the conclave in some way had to take an oath of secrecy. these people were swiss guards. --y were minute any bus mini bus drivers who will be shuffling the cardinals. priests will be on hand. they had to swear they will not reveal any of what they see or hear unless, of course, a pope in the future instructs them to do. so we saw the papal vestments arriving today so they will be ready to put on the new pope as soon as he accepts the job and chooses his new papal name. shep? >> shepard: amy kellogg live with us in rome tonight. historians say in the past century not a single conclave has lasted longer than five days. but years ago the longest one took almost three years. get this. it started in 1268 in a

town just north of us here in rome. historians say the locals got so fed up with the delay they ripped the roof off the building where the cardinals were staying and gave them nothing but bread and water. they finally ended up electing pope gregly the 10th after 33 months. shortest conclave in 1503. historians say it took just few hours to choose julius the ii. foggy start to the week for millions of americans. and we'll get to the lightning over my shoulder in a minute. first alert forecasters back at home say a strong coast is -- cold front is bringing rains mississippi to louisiana. same system that dumped close to a foot of snow in some parts of the midwest. des moines, for instance, where police say that school bus went through several yards hit a parked truck and crashed into that home there. investigators are still trying to figure out what happened. ice, i should say but they say icy roads caused quite a few crashes. 11 kids were on board. nobody reported hurt. of course, slick conditions

are now a major concern for motorists across several owe states as the rains start to fall. janice dean the weather machine extreme weather tonight. where is this storm going, janice? >> shepard, it's moving to the east coast. 48 hours later pushing across the ohio river valley down towards the south. this is the same storm that brought blizzard conditions across the rockies and the northern explains and eventually will move all up and down the i-95 corridor tomorrow morning into the midday as you can see all of the big cities affected here. we think from half an inch to an inch of rain and then on the back side of this, we could see the potential for little bit of snow. but mainly a rain event really from the gulf coast all the way up to main, shepard. some cases we could see one to two inches of rain fall which could lead to localized flooding. >> shepard: some rain and lightning here last night. and we have got some lightning behind me tonight in rome. what should we expect for the conclave? >> more of the same unfortunately, shepard. taking a look at the

satellite radar imagery over the rome area. we have several impulses of rain and showers and possibly some thunderstorm activity as well. and that's going to last not only tuesday but into wednesday and thursday. clearing up friday and saturday with temperatures in the upper 50s, lows in the 40s, so, for the crowds who are going to rush to st. peters square tore witness the white spoke from the sistene chapel needs to be dressed appropriately as do you, my friend. back to you. >> shepard: 28 degrees friday night? is that serious? >> yeah. moving down to the cooler temperatures friday and saturday. how long are you going to be there for? >> shepard: well, until we get a pope. what's your bet? >> i'm hoping tomorrow. i'm hoping tomorrow. >> shepard: you know, there are worse places to be, my friend. >> it looks really great. >> shepard: see you back in new york. it is for whatever is happening back there. there are 15 of us here on top of scaffolding on top of a building. i think we are the highest point in the area. it would make great

television, wouldn't it? no one here is laughing. rebuild your home higher off the ground on your nook preach yums will up by tens of thousands of dollars. that's the warning from the jersey governor chris christie. his state will adopt new federal maps which take at a time how high some folks should stand to avoid flooding. i should say how high homes should stand. many focus on the super storm town. they cannot ford the construction many of them. governor says either that or omay more year after year to cover their home. >> toms river, ghiewj tonight. hey, rick. >> shepard, when we got here this morning, a two story house stood on this lot. the clay family decided with those new flood zone maps it wasn't worth it repair the existing structure. it only took on a foot and a half of water hurricane sandy. plan to build a new two

story home on pilings four feet off the ground. >> it's sad, i knowth new house is going to be nice, too. but it's sad because we have had a lot of good times here and my husband and i worked hard to, you know, buy the house and make it the way it is and now it is being knocked down. it's sad. that was sad. [ laughter ] >> but a lot of folks say they can't afford to rebuild their houses from scratch like dan ford whose home in new jersey three and a half miles from the ocean. never flooded before sandy. new fema puts him in a zone which could raise his annual insurance $30,000. >> if you can't get enough money to repair your house, where is the money going to come to raze the house? raze this how is $100,000. i can't even get 100,000 to fix it. that's what our problem is

it's risk based insurance. if they don't build the homes higher they may not be able to get it shepard? >> shepard: toms river, new jersey telling the same story we have heard from the florida coast and mvp coast for years and years and years. new york, welcome to the south hell. there is word that the olympic blade runner is on the verge of killing himself. and that word comes from somebody who says he is close to oscar pistorius. the south african athlete accused of killing fashion model girlfriend. now the blade runner's family is responding to these claims. plus, meet a guy who is half man and half machine, at least part of the time. and giving new hope to people who thought they would never walk again. that's ahead as we take a live look at st. peters have basilica on this special edition of "studio b" live on this, well, rainy and lightening early tuesday morning in rome.

we just bought our first house, we're on a budget. we're not ready for spring. well let's get you ready. very nice. you see these various colors. we got workshops every saturday. yes, maybe a little bit over here. this spring, take on more lawn for less. not bad for our first spring. more saving. more doing. that's the power of the home depot. get three bags of rthgro mulch, a special buy at just $10. schwab bank was built with all e value and convenience tdd#: 1-800-345-2550 investors want. tdd#: 1-800-345-2550 like no atm fees, worldwide. tdd#: 1-800-345-2550 and no nuisance fees. tdd#: 1-800-345-2550 plus deposit ches with mobile deposit. tdd#: 1-800-345-2550 and manage your cash and investments tdd#: 1-800-345-2550 with schwab's mobile app. tdd#: 1-800-345-2550 no wonder schwab bank has grown to over 70 billion in assets. tdd#: 1-800-345-2550 so if you're looking for a bank that's in your corner, tdd#: 1-800-345-2550 not just on the corner... tdd#: 1-800-345-2550 call, click or visit to start banking with schwab bank today. tdd#: 1-800-345-2550

love your passat! um. listen, gary. i bought the last one. nice try. says right here you can get one for $199 a month. you can't believe the lame-stream media, gary. they're all gone. maybe i'll get one. [ male announcer ] now everyone's going to want one. you can't have the same car as me, gary! i'm gettin' one. nope! [ male announcer ] volkswagen springtoberfest is here and there's no better time to get a passat. that's the power of german engineering. right now lease one of four volkswagen models for under $200 a month. visit vwdealer.com today.

they say is he still mourning his girlfriend's death but not suicidal at all. they do admit he is having serious money troubles and has indeed sold off several prized possessions to pay those enormous legal bills. back on valentine's day oscar shot his -- beat his girl tripped and shot her to death. it was cold blooded premeditated murder says

the prosecutors. it sounds like oscar pistorius is looking to sell the house where that shooting happened. >> yeah, but the problem is, shep, right now he is not allowed inside that house which is why his lawyers are asking a judge to allow access to the house so he can get in and fix it up and sell it to help pay upcoming legal bills. he has been forced to sell investments including his race horses. on top of all of that he has very little income after losing lucrative deals with nike and oakley. biggest support system his family which today release at statement saying and i'm quoting here, oscar broken as he currently is, believes he has a purpose in life and is working towards that. media reports to the contrary are untrue. those media reports as you alluded to deal with him being suicidal which his family says he is not. shep? >> shepard: now his lawyers are fighting the restrictions of the bail agreement. >> yi, because his lawyers say basically he is under

house arrest. he is forced to live with his uncle. he gets visits from corrective officers once at least every week and he is also not allowed alcohol or banned substances so his lawyers say on top of getting his house back they would also like for him to be allowed outside the country they will not say why he needs to leave a country. there is no word if the judge will actually allow him a bail hearing. the next hearing in this case is set for june 4th. the trial probably later this year, shep. >> shepard: trace gallagher live in los angeles. thanks. a medical break through as a robotic suit is helping a paraplegic walk again. it's new technology and bringing this man back to his feet after an injury confined him to his wheelchair a decade ago. he is the first to test out this new exsososkeleton

device. john from atlanta tonight. >> good evening, shep. i tried this thing on just to see what it felt like. can i tell from you personal experience this is truly a remarkable piece of engineering. one that take science fiction and turns it into science fact. >> when he woke up from a 12-foot fall michael gore thought he would never walk again. >> what did they tell you happened? >> they said you fell at work and right now you are paralyzed from the waist down. >> he didn't walk for a decade. confined to a wheelchair until one miraculous moment when he stood up. what he once took for granted is now a precious gift thanks to robotic exo skeleton that does the walking for him. >> you can't get enough of walking. >> no. never be. until you -- you don't know what you have until you miss it. so many times we walk around all day oh i'm tired i can't wait until i can sit down. it's the opposite for me. >> gore is is a test pilot for this new device. born from aircraft flight controls and industrial

robots. it's called indigo for independence and go. >> i want this to that i think lives. be accessible to the populations that can be taken and fit into a user's life and enable them to enjoy freedoms that they previously experienced before their accident independence is what it gives michael gore. it will climb stairs. not quite abled body but not as disabled as he was before. >> a sense of power? yes, it gives me the power to be normal again. >> it really is amazing to see a person who is paralyzed actually stand up right in front of you. one potential hangup here. device at least in a clinical setting could likely be subject to the obama care's new tax on medical devices. the 2kw07er, the manufacturer told me they can't figure out why the government would want to throw any road block in front of the device that shows the promise that this one does, shep? >> shepard: john roberts live tonight in atlanta.

thanks. republican congressman paul ryan says he has a new plan to repeal the healthcare overhaul. he is about to get another chance to tell president obama about it. plus, new trouble for justin beach. now he is canceling a concert less than a week after he collapsed on stage. then there was that whole potty mouth thing. there is word this may be about neither his language nor his health. that's coming up live on "the fox report" tonight in rome. gotcha ! got you ! you cannot escape the rebel forces ! ahhh. got you ! got ya ! gotcha ! got . that's all you got, brother ? take that. never having to surrender the things that matter. gotcha. that's powerful. verizon.

and these come together, one thing you can depend on is that these will come together. delicious and wholesome. some combinations were just meant to be. tomato soup from campbell's. it's amazing what soup can do.

>> shepard: congressman paul ryan just days ago had lunch with president obama at the white house, remember. and today he comes out and says elans to repeal the obama care, the healthcare overhaul. congressman ryan says it will be part of his new budget, the one is he releasing on tuesday. of course, he can't do that because the president could

and would repeal the bill as lightning strikes if it ever hits his desk. so it is not happening. congressman ryan is head of the house budget committee and the former republican vice presidential nominee. he will most likely see him this week when he meets with from both parties. what does congressman ryan say he wants to do that he can't do? >> well, shep, paul ryan's plan aims to balance the budget by 2023 and one way to get there, he says as you said is to repeal obama care. which which he he argues will not work. health square providers medicare $716 billion to make obama care look neutral. >> remember all that money taken from medicare obama care. we say get rid of obama ircarks we end the raid and apply those savings to medicare, tonight the medicare trust fund.

>> didn't bring down the cost of medicare. which means there is still a lot mover savings that has to be done. and we have already used those savings to offset the cost of new federal healthcare spending. >> leaving medicare in worse shape but making obama care appear less expensive, shep. >> shepard: yet, none of that is going to happen. >> unlikely. democrats would fight it every step of the way. one democrat even noticed that ryan himself would leave the medicare cuts themselves in place. >> paul ryan just announced the other day that he is going to include those savings in his budget. savings that he campaigned actively against. >> now, ryan, unlike the president though, would keep the savings in medicare. ryan's overall budget wouldn't actually reduce spending it would only reduce the rate of increase from the 46 trillion the obama plan would spend over the next decade to only 41 trillion. though ryan concedes repeal and other moves on healthcare are likely to be blocked by the president as you said, he does focus

attention on how much obama care costs and how it was financed. one reason, perhaps. is several polls show a majority want to repeal all or part of the president's plan shep? >> jim angle live in washington. jim, thanks very much. justin bieber now finally, his run of bad fortune apparently has not stopped. promoters in portugal say they have cancelled the second of two bieber concerts in the capital city of lisbon and multiple reports suggest it had nothing to do with his health but bad sales it was a bad week in london last week where the beebs fainted on stage his birthday was his worst yet and freaked out with a series of bieber bleeps on a photographer. meantime, tiger woods is back in familiar territory closing in on golf's top spot yet again. he just won his 17th world golf championships yesterday and now sits at number 2 in the world rory mcilroy. the exports say it if tiger wins his next tournament he

may well overtake mcilroy. the last time tiger woods was number one october of the year 2010. "the view" will have room at the table once long time host joy behar leaves in august. but what rumors there were about elisabeth hasselbeck's future. did you hear about those? barbara walters has just set the record straight. at a dry cleaner, we replaced people with a machine. what? customers didn't like it. so why do banks do it? hello? hello?! if your bank doesn't let you talk to a real person 24/7, you need an ally. hello? ally bank. your money needs an ally. if youthen this willbrids arbe a nice surprise. meet the 5-passenger ford c-max hybrid.

c-max come. c-max go. c-max give a ride to everyone it knows. c max has more passenger volume than competitor prius v and we haven't even mentioned... c-max also gets better mpg. say hi to the super fuel efficient ford c-max hybrid. are proven to be effective pain relievers. tylenol works by blocking pain signals to your brain. bayer back & body's dual action formula

includes aspirin, which blocks pain at the site. try the power of bayer back & body. when her sister dumped me. oh dad, you remember my friend alex? yeah. the one that had the work done... [ male announcer ] sometimes being too transparent can be a bad thing. this looks good! [ male announcer ] but not with the oscar mayer deli fresh clear pack. it's what you see is what you get food. omnipotent of opportunity. you know how to mix business...